Food Safety Enhancement Act of 2009 would put small farmers out of business

Passage of the FSEA into law would amend the Federal Food, Drug and Cosmetic Act (FFDCA). The bill proposes a substantial increase in power and resources for the Food and Drug Administration (FDA) and would significantly diminish existing judicial restraints on actions taken by the agency. Although the bill includes some provisions that could improve the mainstream food system, many of these are vaguely worded and do not clearly define the scope of the agency’s power, creating the potential for inappropriate application and enforcement. Small farms and local artisanal producers are part of the solution to the food safety problem in this country; the bill would impose on them a one-size-fits-all regulatory scheme and would disproportionately impact their operations for the worse. A detailed analysis of some of the key provisions is below [the citations are to the relevant section and page number of the June 10 version of the bill].

The Farm-to-Consumer Legal Defense Fund is opposed to HR 2749 because it would adversely impact small farms and food producers, without providing significant reforms in the industrial food system. HR 2749 does not address the underlying causes of food safety problems, including industrial agriculture practices and the consolidation of our food supply.

I. REGISTRATION REQUIREMENTS

Under current law, all “food facilities” are required to register with the Secretary of the Department of Health and Human Services (HHS) [21 USC § 350d]. The registration requirement is for one time only and no fee is charged. The FSEA would amend the current law to add significant requirements.

A. ANNUAL REGISTRATION FEE

The FSEA would require facilities to register annually [section 101(b)(1)–p. 3], rather than a one-time registration. Registrants would also be required to pay an annual fee of $500, to be adjusted for inflation [section 101, Part6, sec 743(b)(1)(A)–p. 10].

B. LIMITED EXCLUSION FROM REGISTRATION FOR FARMS

The term “facility” does not include “farms” for purposes of registration in either the current law or under the bill [21 USC § 350d(b)(1)]. But what exactly is a “farm”? The FDA’s current regulations take a very narrow view of what qualifies as a farm:

“…a facility in one general physical location devoted to the growing and harvesting of crops, the raising of animals (including seafood), or both. Washing, trimming of outer leaves of, and cooling produce are considered part of harvesting. The term “farm” includes:

“(i) Facilities that pack or hold food, provided that all food used in such activities is grown, raised, or consumed on that farm or another farm under the same ownership; and

“(ii) Facilities that manufacture/process food, provided that all food used in such activities is consumed on that farm or another farm under the same ownership.” [21 CFR § 1.227(3)] (emphasis added)

“Manufacturing/processing” is defined as “making food from one or more ingredients, or synthesizing, preparing, treating, modifying or manipulating food, including food crops or ingredients. Examples of manufacturing/processing activities are cutting, peeling, trimming, washing, waxing, eviscerating, rendering, cooking, baking, freezing, cooling, pasteurizing, homogenizing, mixing, formulating, bottling, milling, grinding, extracting juice, distilling, labeling, or packaging.” [21 CFR § 1.227(6)] In other words, any farm that makes jam, cans vegetables, or packages cut fruit would not be considered a “farm” under the regulation unless the food is consumed only on the farm!

much more at the link.